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He was consequently entitled to release on the ground of double jeopardy, he argued.
As his detention approached six months, he filed a habeas corpus petition, arguing that he was entitled to release under the reasoning of the Zadvydas decision.
But it is rare, experts say, for less privileged inmates to have his network of advocates and private lawyers; many older prisoners don't even realize they may be legally entitled to release.
A lawyer for the two detained women told the Russian news site Gazeta.ru that they should be entitled to release on bail, since they pose no flight risk and are the mothers of young children.
Under the New Jersey Parole Act, every inmate is entitled to release on his or her parole date, usually after serving one-third of a term or completing a mandatory minimum, unless the inmate "failed to cooperate in his or her own rehabilitation" or the Parole Board finds a "reasonable expectation" that the inmate would violate parole conditions.
Minor is legally entitled to release on bail from the Pensacola Federal Prison Camp where he has spent the last two-and-a-half years.
Similar(52)
The court passed a suspended sentence, meaning that he was entitled to be released immediately.
The charge of second-degree murder also means that Mr. Zimmerman will not be entitled to be released on bail before his trial.
"Because since he was a uniformed service person, he's clearly entitled to be released, and we're going to do everything we can to get him out".
His lawyer, Giovanni Di Stefano, said the 78-year-old was entitled to be released on parole as he had served more than one-third of his sentence.
But Judge Susan B. Handy of Superior Court dismissed the request Thursday, saying that Mr. Pollitt had completed his sentence and was "entitled to be released".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com